Attorney Representation for OPM Disability Claims: Fair Games

It depends upon how you read the concept, which word or syllable you place the accent or emphasis upon, doesn’t it?

In one sense of the concept, it has to do with games found at the county or state Fairs — you know, where cotton candy is sold and prizes are awarded for the largest potato grown or the fattest pig shown.  In another sense, it is in contrast to its opposite — of games where you have a good chance because rules are imposed and upheld, as opposed to “unfair” games where the proverbial deck is stacks against you.  It is in this second sense of the term that we apply.

Fairness itself is a difficult concept, precisely because of its malleability.  One concept of fairness is an arguable delineation based upon rules, perspectives, and even perhaps of cultural backgrounds.  Rules themselves can be attacked, and are “fair game” when it comes to disputatious boundaries, where there are essentially none to circumvent.

You can argue that such-and-such a call was unfair, and that obnoxious fan sitting next to you might counter, “But that’s within the rules of the game,” and you might then counter to the counter, “Then the game is rigged and the rules are unfair!”  What would be the counter-answer to the counter of the counter?  Perhaps, to say: “Listen, buddy, I don’t make up the rules.  It’s fair by definition if everyone who plays the game has to play by the same rules.”  Is that the silencer — the conversation-stopper — that cannot be argued against?

But what if everyone theoretically has to “play by the rules of the game”, but the rules are administered in a lopsided manner?  Is that what makes the game “unfair”?  Isn’t that what fans the world over complain about when the umpire, for example, sets the “strike zone” (or in other contexts, the “foul zone” or some such similar animal) too wide for some pitchers and too narrow for others?

Or, wasn’t there something like the “Jordan Rule” where a certain player was allowed to take an “extra step” (or two or three, for that matter) and no “traveling violation” was called, because the beauty of his fluid movements surpassed and transcended any “rules” that might disrupt the mesmerizing effect of such human defiance of gravity right before our eyes?  Could you imagine what an uproar that would have caused, where the player-in-question flies through the air with such acrobatic display of gravity-defying beauty, slam-dunks the ball to the rising wave of appreciative fans, and a whistle is blown — and the basket is disallowed?

That awkward motion that the referee engages in — you know, where both hands are balled up into a fist and made into a circular motion, indicating that a traveling violation has occurred — and then pointing to the scoring table and telling them to subtract the 2-points just previously awarded…is it “fair”?  Should fairness sometimes be overlooked when beauty-in-mid-flight entertains us to such ecstatic delights?

For Federal employees and U.S. Postal workers who suffer from a medical condition, where the medical condition begins to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, life often begins to appear as if “fairness” is no longer an applicable rule — for, is it “fair” that one’s health has deteriorated despite doing everything to take care of it?  Is it “fair” that others seem to have lived a life of excess but seem not to be impacted at all by the abundance of maltreatment?  Is it “fair” that others appear to be receiving favoritism of treatment, while your Federal Agency or the Postal Service appears to be targeting you for every minor infraction of the “rules”?

Life, in general, is unfair, and when a Federal or Postal worker seems to be the target of unfair treatment because of a progressively deteriorating medical condition, it may well be time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Life is often unfair in general; but when it comes to applying and enforcing “the Law”, it is best to consult with an experienced attorney, especially when seeking to obtain Federal Disability Retirement benefits through OPM.  And like the “Jordan Rule” concerning extra-rule-violation treatment, it is best to make sure that your attorney makes the Rules of the Game enforced — and fair.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Medical Retirement: The rabbits we chase

The rabbits we chase are the ones that reveal not so much about our preferences, but more about who we are and the priorities we place.  For, as one walks about in life, whether in suburban neighborhoods where rabbits abound because no one shoots them for meals, anymore, and so they can multiply without natural restrictions for lack of predators, the fact that there are other things to pursue — but instead we choose the rabbit — tells others something about you.

Of course, it is the proverbial rabbit we speak about — of work at all cost, of refusing to concede that which is quite obvious to everyone else.

Much of real rabbit hunting, of course, is done by knowledge and pure observation — of how the animal reacts; in scurrying away, what route does it take?  What avoidance tactics are engaged?  In suburbia, you can no longer shoot a rabbit within the confines of the city limits, but there is no law that prevents you from doing what the American Indians were so good at — chasing one down, swooping with a strong arm and grabbing those pointed ears, all for a good lunchtime meal.

But of the other “rabbits” we pursue — of careers at the cost of our health, of tangential distractions that ultimately provide no foundational meaning in determining the destiny of sanctified thoughts and goals.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, chasing rabbits is a familiar refrain — not because it is being done in various acts of futility, but because the rabbit itself is not just any ordinary rabbit, and doesn’t follow the standard paradigm of “rabbit-hood”.

For, it becomes clear that the very nature of the rabbit has changed — the Agency no longer recognizes that your years of toil and loyalty should mean anything; coworkers whisper and spread gossip; the level of productivity is declining; you are using “too much” Sick Leave or LWOP; the rabbit you are chasing doesn’t quite act in the same way, and you begin to wonder, Is it even worth pursuing?

Federal Disability Retirement is a benefit that is there for the Federal or Postal employee who has finally come to the realization that not every rabbit is worth pursuing, and not every rabbit leads to a satisfying meal.  Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed through the U.S. Office of Personnel Management, is likely the next best step in catching the rabbit of choice.  Now, for which rabbit hole to jump into …

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: The constant struggle

It does appear never-ending, doesn’t it?  And what of that dream – of some windfall, or perhaps the lottery pick of numbers that somehow keeps people coming back to the corner Mart and purchasing tickets despite the astronomical chances that defy the odds of probability?  Why is it that people are more apt to believe in conspiracy theories that the moon landing or aliens from Mars have been concocted and coopted by some nefarious government, but no one believes that those “winners” of multi-million dollar lotteries have been a “set-up” to keep people enticed into buying more and more worthless tickets?

Is it because life is a constant struggle, and so long as there is some fantasy to believe in, some pie-in-the-sky probability to reach for and dream about, the misery of today’s misfortune can be borne with aplomb “so long as” … so long as there is some hope for tomorrow?  And even if the lottery were to be won, by some unforeseen whim of a chance begotten, would life no longer be that constant struggle, and does financial freedom guarantee happiness, joy, freedom from the struggle and liberty from the daily fetters of life?  Why is it that we believe that winning a treasury trove of sudden infusion of financial depth will suddenly resolve all ills of life?

And then, of course, there is the medical condition.

What most people would not trade for good health – and, for some, even a day’s worth, an hour’s splice of that day, or even a few minutes free from the pain, the anxiety, the worry of ill-health?  It is one of those statements of proverbial “throwaways” that we all pay lip-service to, isn’t it?  That one that goes something like: “Oh, I would trade in all of my wealth, status and everything I own to get my health back.”

We hear other people say it, and nod with quiet agreement, but somehow, we don’t quite believe it – until our own health begins to deteriorate.

The key to wisdom in life’s journey is to come to a point of recognition that the constant struggle never ends; and by such recognition, to savor the moments of beauty and those “little joys” of life.  Yes, yes, that is the basis of another “conspiracy” or sorts – of the wealthy and powerful to make the “little people” believe in such joys as flowers, children and puppy dogs, while they go out and sun themselves on the extravagant yachts of life.

For Federal employees and U.S. Postal workers whose health has been deteriorating, who recognize that one’s career is more than just the constant struggle of daily living, it may be time to consider filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, you cannot any longer do all of the essential elements of your job; yes, life is a constant struggle, and your medical condition makes it all the more so; no, you are not going to win the lottery; and finally, even if you did, it won’t make the pain or depression go away, and winning the lottery, in the end, won’t make the constant struggle disappear, and probably won’t even make it any more bearable; and thus the need to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Legal Representation on Federal Disability Retirement Claims: Then, forgotten

To die is forgivable; to be forgotten, not so much.  Perhaps that is why the 15-minute rule of one’s fame is so important to most people; that, to be “appreciated” in a life-long struggle just to remain relevant makes fools of us all, and the basis upon which con-men and scams continue to effectively play their course.

It is, of course, the “then” that matters – that prelude to the state of being forgotten, that defines what a person’s life was, remains, and will continue to be in the future amongst and amidst the remainder of a family, friends and acquaintances left behind.  For, the long and wide expanse before the “then” constitutes a life lived, the experiences encountered and the salacious intertwinements amassed; in short, it is what a person is remembered by which the definition of a life well lived and the cumulative amalgamation of challenges met.  Then, after all is said and done, the person is forgotten.  Oh, for a time, not entirely, perhaps.

In the painful memories left behind with family; of a legacy foretold and secured; but then, even those relatives, friends and loved ones slowly fade away into the eternal trash bin of history’s unnamed tombs, and then, forgotten.

Why else do people wave and try to get noticed when television cameras are rolling?  Or try and get that footnote published in the Guinness Book of Records?  Is the innate fear of becoming forgotten so powerful as to make fools of old men and not merely excusable because of youth yet unfettered?  Is it so important to be secured in the knowledge that someone, somewhere, in some footnote or esoteric reference that history will record, will annotate an accomplishment, an event or some memorable deed that we did; and, even if that were to happen, would not the same result occur – then, forgotten?

History is full of forgotten men and women – even those who have been recorded in the annals of relevant history.  How many battles and wars where young men just beginning the journey upon a life filled with potentiality and the first kiss of love, cuts short a future yet unlived, and instead becomes buried in the timeless echoes of a graveyard unrecognized?

For Federal employees and U.S. Postal workers who fear the dictum of “Then, forgotten”, either with the Federal Agency or the U.S. Postal facility, or just among the colleagues once worked with, the plain fact is that too much focus upon the “forgotten” part of the equation undermines the precursor prior to the “then” part.  There is always life after a career, and greater experiences beyond the work one has done.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted (ultimately) to the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, should not be based upon any fear or unwillingness to “let go”; instead, it should be based upon a recognition that health and getting better is, and should always be, a priority that overrides the fear of one’s own fragile mortality.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Employee Disability Retirement: The carousel of life

It is the easiest of analogies to ponder:  of a vision in the humdrum of circularity; different sizes, shapes, and images of artistry; of the choices we make and the alternatives offered; where we sit in life, of the approaches we take and the variable speed of the up and down motion; do we possess the fearless temerity to change midway from a lumbering, elephantine facade to the sleek and pathological ride of a cheetah?  Does the music have the concordant synchronicity such that it is neither an annoyance nor a distracting disturbance?  Or do we even take note of the loud cacophony of the blaring entourage, or merely as a backdrop to the excitement in the very ride we undertake?

Some recent intellectuals have argued that human beings comprehend their interaction, environment, place and significance in this world, only through the thought-process of analogical thinking; that the intersection of words, linguistic culpability and attachment of language games to encounters with the objective, impervious world of reality, becomes elevated to that Rorschach moment when the obfuscating inkblots of an objective universe otherwise indistinguishable from the insular parallelism of one’s own conceptual constructs suddenly explodes with insight and vigorous apprehension.

That was the problem with the nascent approach of existentialists; somehow, we all recognized that something was missing.  But instead of taking a right turn, that missing “something” took the wrong path down the corridors of Foucault and Derrida, and allowed for deconstruction to embrace the self-destructive charisma of nothingness.  How we understand the world; what we impart to it; the self-image of whence we came; and the walking pictures we carry about in the chasms of our psyche; they all matter, and the narrative of our lives become written the longer we survive in this anachronism called “life”.  We have become misfits in a virtual world of our own making.

The metaphors we establish within ourselves; the analogies we create to comprehend; the novel within each of us and the narrative of carefully chosen ideologies; all cumulatively define the essence of our being.  And thus as we ride the carousel of life, or watch ourselves ride from a distance, matters little to those who have decided to sit this round out; and yet, they, too — whether from afar or in a slumber of repose, must by necessity hear the music which plays regardless of whether one rides the circularity of the metaphor.

For Federal employees and U.S. Postal workers who suffer from a medical condition, of course, such an analogy can be a poignant reminder of the current state of turmoil.  Perhaps the analogy takes on greater significance if we posit a mechanical failure — of stoppage of the rhythmic ride, and where the music also blares a discordant trumpet of shattered symphonies screeching with discomfort down the sensitive eardrums of the bystanders.

Federal employees and U.S. Postal Service workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of the Federal or Postal positional duties, have a clear choice to make:  Stay on the broken carousel; get off and walk away with nothing; or, of greater benefit and reward, to prepare an effective Federal Disability Retirement application and submit it to the U.S. Office of Personnel Management.

If the Federal or Postal employee is under FERS, CSRS or CSRS Offset, and has the minimum years of service in order to become eligible, then it is time to consider that it is not the carousel of life that has broken, but merely failure of the operator to take into account the suitability of the particular vision with the individual embracing that concept.  It is not always the rider’s fault; sometimes, the faulty ride itself has miscalculated the algorithm of synchronizing the music to the roundabout.  Think of it in terms of the man behind the curtain in the Wizard of Oz — but then, that is for another blog altogether.

Sincerely,

Robert R. McGill, Esquire

 

Medical Separation and Retirement under FERS or CSRS: The stick figure across the street

We all drew them.  They are simple figures, one-dimensional, created not only by children and uncreative hands, but by sophisticated artists who convey complexity through their uncomplicated depiction.  Upon such lack of depth, we can project an unending dearth of fillers, precisely because the simple lines invite us to increase the servile skinniness by piling a composite upon the lean figures which are mere caricatures devoid of substance.

The neighbor across the street, whom we have never met, and who is but a figure the size between forefinger and thumb, and remains the remnant of a stick figure, and continues to convey, so; and when the annoying bark of a midnight dog awakens the sensibilities of insomnia and a sleepless night, or of such a thin veil of loss of restorative slumber that wakefulness becomes a better alternative, then we can fill in the gaps of the stick figure, add some meat and substance, with diatribes of invectives piled upon curses and unimaginable energies of words rarely considered and never previously uttered.

Coworkers used to be nothing more than such stick figures — before they earned that status of enamored stature.  That is why leaving a career, cutting short a lifetime of accomplishments, and turning away from the vindictive familiarity of a workplace once loved, is so difficult for the Federal or Postal employee, whether under FERS, CSRS of CSRS Offset.

Once upon a time, the stick figures were mere appendages and afterthoughts in the life of the Federal employee or U.S. Postal worker; but over time, they gained substance, girth, and an unmerited significance merely by osmosis of daily encounters.  Thus, when a medical condition hits the Federal employee or U.S. Postal worker with a force of plenitude such that filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management must be considered, it is not just the separation from mere commerce and economic entanglement which must be considered, but rather, extrication from a social network of figures who have evolved, over many years and sometimes multiple decades, into caricatures amassing and aggregating personalities, comradeship, shared sense of missions accomplished, and much more.

So long as they had remained mere stick figures from across the street, the distance of time, the separation of dimensions, and the wall of strangeness allowed for an ease of abandonment.  For the Federal employee or U.S. Postal worker who must consider preparing, formulating and filing an effective Federal Disability Retirement application through OPM, however, the process is no longer merely a wave of goodbye to the stick figure across the street; no, instead, that has become the unwanted uncle who has no other home to go to, and must by obligation be evicted despite the relationship which has developed beyond the formless caricature painted upon our own minds.

Sincerely,

Robert R. McGill, Esquire

 

Medical Disability for Federal Employees: Waiting upon life

Being “pro-active” is a feature of modernity born of necessity when survival and the basic needs for human existence are essentially met; in days of evolutionary antiquity, when Darwinism ruled the moment and the growling pangs of hunger rumbled through the darkened streets of industrial ghettos and slimy slums of toxic waste dumps where hutches made of cardboard and corrugated tin put together effortlessly in a collage of unregulated stream of consciousness as a counterrevolutionary statement of defiance against pristine lawns and ordered houses designed by the evil eye of a home owner’s association — in those days of yore, being anything “less than” meant that you perished.

You see it in the eyes — Plato’s window to the soul — of shell-shocked dullness in a watchful glare of passivity, wide and seemingly alert, but failing to see beyond the fears and thoughts of angst like a permanent screen door shut and forever blocking.

If we bifurcate the world into doers and thinkers, it is the former who scoff and shrug their shoulders at the contributions of the latter, when it is thought which must precede action, where action performing too presumptively may leave a residue of meaningless accomplishments.  There is a middle ground, of course, where thinkers and doers coordinate and cooperate, in conjoined effort to plan, coalesce and complete a mapped task of purposive teleology; but that is a rare effort, indeed.  Most people wait upon life; it is not a criticism, but a reality which is reflective of a truism undaunted in this age of virtual reality.

The powerless grumble that there is a conspiracy of malevolent forces which hold the ordinary man down; the powerful, on the other hand, sip their wine and look condescendingly down upon the common populous, noting how they smell, think not, and must be watched lest the last true societal upheaval — not the American Revolution, but the French one where beheadings were rampant and horror became a mainstay for the ruling class — revisit the echoes of modernity.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, the cost of waiting upon life can be costlier than the cost of doing; for, to wait upon the Federal agency or the U.S. Postal Service to “do the right thing” by you, is to wait upon the moon to drop from the sky in order to feed us cheese; bureaucracies, Federal agencies and the U.S. Postal Service are not entities of empathetic concerns; they are what they are, and must be dealt with in the manner purposive to their existence.

Thus, if a Federal employee or a U.S. Postal worker can no longer perform one or more of the essential elements of the positioned duties, then the next logical step would be to prepare, formulate and file an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether that Federal or Postal employee is under FERS, CSRS or CSRS Offset.

To merely wait upon life is to petition for starvation, deprivation and declination of a rightful existence; to await a Federal agency or the U.S. Postal Service to accommodate a Federal or Postal employee’s medical condition is to hope that democratic elections will be held by North Korea’s vaunted leader — but then, there may still be some hope, if you are either an accomplished barber or Dennis Rodman (if you are unsure of the references made as to either, look up (A) Kim Jong-un’s hairstyle, and (B) the strange travels of that former basketball star).

Sincerely,

Robert R. McGill, Esquire